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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Corrections Amendment (Smoke-Free Prisons) Bill
2014
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Seizure 2
5 Regulations 3
6 Definitions 3
7 Enclosed workplaces: offence by smoker 3
8 Repeal of amending Act 4
ENDNOTES 5
571477B.I-25/3/2014 i BILL LC INTRODUCTION 25/3/2014
PARLIAMENT OF VICTORIA
Introduced in the Council
Corrections Amendment (Smoke-Free
Prisons) Bill 2014
A Bill for an Act to amend the Corrections Act 1986 to provide for
the prohibition and regulation of smoking and the entry, use and
possession of tobacco products and tobacco smoking accessories in
Victorian prisons, to consequentially amend the Tobacco Act 1987
and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend--
(a) the Corrections Act 1986 to provide for the
prohibition and regulation of smoking and
5 the entry, use and possession of tobacco
products and tobacco smoking accessories in
prisons; and
571477B.I-25/3/2014 1 BILL LC INTRODUCTION 25/3/2014
Corrections Amendment (Smoke-Free Prisons) Bill 2014
s. 2
(b) the Tobacco Act 1987 to remove the
exception relating to prison cells and
exercise yards from the offence of smoking
in an enclosed workplace.
5 2 Commencement
(1) This Act, except sections 4, 6 and 7, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Sections 4, 6 and 7 come into operation on 1 July
10 2015.
3 Definitions
See: In section 3(1) of the Corrections Act 1986,
Act No.
117/1986. insert the following definitions--
Reprint No. 10
as at "smoke means the drawing or releasing of smoke
15 20 November
2013
or fumes resulting from heating or burning
and an ignited tobacco product, and includes but
amending
Act Nos
is not limited to, holding or controlling an
46/2013, ignited tobacco product;
67/2013,
72/2013 and tobacco smoking accessory means any smoking
76/2013.
20 LawToday: implement and includes but is not limited to,
www. cigarette papers, pipes, cigarette holders,
legislation.
vic.gov.au hookahs, water pipes, cigarette lighters,
matches or other similar methods of ignition
of a tobacco product;
25 tobacco product means tobacco, cigarette or cigar
or any other product the main ingredient of
which is tobacco and which is designed for
human consumption;".
4 Seizure
30 (1) After section 46(1)(a) of the Corrections Act
1986 insert--
"(ab) any tobacco product or tobacco smoking
accessory found on a person or in a person's
possession, other than a tobacco product or a
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Corrections Amendment (Smoke-Free Prisons) Bill 2014
s. 5
tobacco smoking accessory which a person is
authorised to possess under the regulations
or a direction of the Governor;".
(2) After section 46(1)(b) of the Corrections Act
5 1986 insert--
"(ba) any tobacco product or tobacco smoking
accessory found on a prisoner or in a
prisoner's possession, other than a tobacco
product or a smoking accessory which a
10 prisoner is authorised to possess under the
regulations or a direction of the Governor;".
5 Regulations
After section 112(1)(aa) of the Corrections Act
1986 insert--
15 "(ab) the prohibition and regulation of smoking in
a prison or in any part of a prison;
(ac) the prohibition and regulation of entry, use
and possession of tobacco products and
tobacco smoking accessories in a prison or in
20 any part of a prison;".
6 Definitions
In section 3 of the Tobacco Act 1987 the See:
Act No.
definition of exercise yard is repealed. 81/1987.
Reprint No. 8
as at
1 March 2013
and
amending
Act No.
66/2013.
LawToday:
www.
legislation.
vic.gov.au
7 Enclosed workplaces: offence by smoker
25 Section 5A(2)(i) of the Tobacco Act 1987 is
repealed.
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Corrections Amendment (Smoke-Free Prisons) Bill 2014
s. 8
8 Repeal of amending Act
This Act is repealed on 1 July 2016.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Corrections Amendment (Smoke-Free Prisons) Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571477B.I-25/3/2014 5 BILL LC INTRODUCTION 25/3/2014
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